[HISTORY: Adopted by the Town Council of the Town of Lincoln 4-17-1979
(Ch. 11, Art. III, of the 1990 Code of Ordinances). Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A market, commercially conducted on a recurring basis, whether indoors
or outdoors, at which antiques, secondhand or new articles are sold from tables,
stalls, or booths by one or more dealers.
Any person violating the provisions of this chapter shall be fined an
amount not to exceed $20. Each day of operation shall be considered a separate
offense.
No person shall operate or conduct a flea market within the Town without
having first obtained a master license therefor plus paying a vendor fee of
$2 per week per vendor. The master license holder and all vendors must comply
with the provisions of this chapter. The annual license fee for a flea market
shall be $125 and no license shall be issued except upon payment of this fee.
The vendor license fee shall be collected by the master license holder and
paid on or before the Wednesday following the event.
The Board of Licenses/Town Council shall constitute the licensing authority
under the terms of this chapter.
Applications for licenses required by the provisions of this chapter
shall be made to the Town Clerk in writing and shall state the location intended
to be occupied, the name of the applicant, his domicile and date of birth
(in the case of a corporation, all shareholders' and officers' domiciles and
dates of birth). Upon receipt of any such application the Town Clerk shall
notify the Chief of Police who shall investigate the character of the applicant
and shall report to the Town council the result of such investigation. No
master license shall be issued and no licensee or vendor permitted to operate
if such person shall have been convicted of any crime or has been indicted
for receiving stolen goods, burglary or robbery.
The Town Council, before granting a license pursuant to this chapter,
shall hold a public hearing notice of which shall be posted at least seven
days but not more than 14 days prior to the hearing in not less than two public
places in the Town and in a newspaper of general circulation in the Town;
provided, however, that before the Town Council shall cause to be posted or
published notice of a hearing it shall collect from the applicant for such
license a fee of $10 plus the cost of posting and publishing such notice.
No license shall be granted under this chapter except by unanimous vote
of the licensing authority where the owners and abutters of the greater part
of the land within 200 feet of such building or place intended to be occupied
as a flea market shall file with the Town Council their objections to the
granting of such license.
The Fire Marshal and/or his authorized agents shall be permitted to
inspect or attend all flea markets held within the Town pursuant to this chapter
to ensure that fire safety regulations are being complied with on the premises
of the flea market.
The Town Council shall not grant a license for a flea market unless:
A.
The Fire Marshal has inspected the premises intended
to be occupied as a flea market, including any temporary structures to be
used therewith, and has determined that such premises and/or structures are
in compliance with all relevant fire regulations within the Town.
B.
The licensing authority has determined that the operation
of the flea market will not create a nuisance to the surrounding neighborhood.
Every dealer operating a table, booth, or stall at a flea market licensed
under this chapter shall keep a record of all articles offered for sale at
such table, booth, or stall. The record shall contain the name and address
of the person from whom the dealer purchased each item offered for sale at
such flea market. The record kept under this section, together with the articles
themselves, shall be open to inspection by any member of the Police Department
at all reasonable hours.
The owner or operator of any flea market licensed under this chapter
shall keep a permanent record of the names and addresses of all dealers who
maintain or have maintained a table, stall, or booth, at the flea market of
the owner/operator licensed under this chapter. The record kept under this
section shall be open to inspection by any member of the Police Department
at all reasonable hours.
No dealer shall operate a table, booth, or stall, at a flea market licensed
under this chapter without having first paid a fee or without complying with
the terms of this chapter. The weekly fee for each table, booth, or stall,
shall be $2. The fee shall be collected by the master license holder of the
flea market, whose duty it shall be to pay over such fee to the Town.
Any license granted under this chapter may be revoked for cause by the
licensing authority.
